The Los Angeles County District Attorney may request resentencing for Lyle and Erik Menendez, who were convicted of fatally shooting their parents, Jose and Kitty Menendez, in their Beverly Hills mansion in 1989, after reviewing new evidence and evaluating whether the brothers are “rehabilitated” after being behind bars for over three decades.
A hearing is set for Nov. 29, according to Los Angeles County District Attorney George Gascón.
New evidence
While the Menendez brothers' previous appeals did not work out in their favor, the District Attorney’s Office said it’s decided to hold a resentencing hearing due to new evidence.
Get top local stories in Southern California delivered to you every morning. Sign up for NBC LA's News Headlines newsletter.
Gascón said his office has received a photocopy of a letter that was allegedly sent by one of the brothers to another family member, discussing sexual molestation by their father, Jose Menendez.
The DA added the brothers’ attorneys also submitted another piece of evidence that may be linked to the claim their father had sexually molested them.
The defense attorneys are alleging the new evidence would have change the outcome of the case.
However, the Beverly Hills Police Department, which was the investigating agency at the time of the murders, said it has not been contacted by the DA's Office regarding the new developments.
Gascón, who is running for reelection, said he is be more open to "reviewing things that other prosecutors may not."
Rehabilitation
Under California law, a prosecutor can evaluate whether someone has been rehabilitated and ask the court to determine resentencing.
Lyle Menendez was 21 years old, and Erik was 19 when they murdered their parents.
If the court determines whether the brothers were rehabilitated and paid their dues to society while maintaining good behavior in prison, they could be resentenced.
But the resentencing hearing does not mean the Los Angeles County District Attorney’s office will decide whether the previous trial and verdict were wrong.
The new evidence also has yet to be reviewed by the DA’s office, Gascon said.
What happens after resentencing?
The Menendez brothers could walk out based on what the court decides.
They could also be given a shorter sentence.
Another possible outcome is having a new trial.
